What is a durable guardianship?

A durable guardianship is a type of guardianship in Maryland that is established to manage the affairs of an incapacitated adult. This type of guardianship is sometimes referred to as a “guardianship of the person and property.” It is usually established when the court concludes that the adult is unable to make decisions concerning his or her own financial or legal matters. A guardianship of the person is established to make decisions that will be in the individual’s best interest and provide for their physical and mental well-being. A guardianship of the property is established to manage and protect the individual’s assets. The court appoints a guardian to handle the individual’s financial and legal affairs. The court also determines the extent of the guardian’s powers. The guardian is responsible for managing and investing the individual’s assets and making sure that his or her bills and necessary expenses are paid. The guardian must also make sure that the individual’s legal rights are respected. The guardianship remains in effect until the court determines that the incapacitated individual is no longer in need of a guardian. In some cases, the guardianship is declared to be durable, meaning that it will not end unless the court terminates it or the guardian resigns. The durable nature of the guardianship ensures that the incapacitated individual’s finances and well-being are protected.

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